Malik Courier Services (the "Company" or "Us") is the author and publisher of The Company owns and operates the services provided by the delivery service terms and conditons www.malikcourierservices.com
This Agreement defines the terms and conditions under which you are allowed to use the Application or availing the services through telephonic bookings or website bookings (available until the full implementation of the Application) and describes the manner in which we shall treat your account and the information associated with it while you are registered as an Customer (as defined below) with us. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SERVICES.
1.2 MODIFICATION OF AGREEMENT
The Company reserves the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. It is your responsibility to review this Agreement periodically. Your use of the Application following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Application or to particular Service are also considered as part of the Agreement.
2.1 APPLICABILITY OF TERMS
This Agreement applies to you whether you are:
A customer/user registered with the Application ("Customer", "you" or "User"); and/or any other use of the Application; and "your" should be construed accordingly.
2.3 SERVICES OF THE APPLICATION
This Agreement applies to all the services made available by the Company on the Application or made available through telephonic bookings or website bookings ("Services"). The Services may change from time to time, at the sole discretion of the Company, and the Company reserves the right to modify the Services without prior intimation or consent of the Customers.
3. APPLICABLE LAWS
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
i) the Indian Contract Act, 1872,
ii)the Information Technology Act, 2000, and,
iii)therules, regulations, guidelines and clarifications framed there under, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (the "SPDI Rules"), and Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules").
i) The type of information collected, including sensitive personal data or information as defined in the SPDI Rules;
ii)The purpose, means and modes of usage of such information;
iii)Howand to whom the Company will disclose such information; and,
iv) Other information mandated by the SPDI Rules.
i) the fact that certain information is being collected by the Company;
ii)the purpose for which the information is being collected;
iii)theintended recipients of the information;
iv) the nature of collection and retention of the information; and
v) the various rights available to you in respect of such information.
The term "personal information" or "sensitive personal data or information" will have the meaning as assigned to them in the SPDI Rules.
5. CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Application in any manner. By registering, visiting and using the Application or accepting this Agreement, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority and capacity to use the Application and the Services available through the Application, and agree to and abide by this Agreement.
To fully avail the services of the Application, you must download it from the 'Google Playstore App' or an 'Apple App Store' and verify your phone number.
Without limitation to the foregoing, in the event you are barred from undertaking legally binding obligations under the Indian Contract Act, 1872, or are for any reason, unable to provide
'Consent' as per the SPDI Rules, you are not eligible to register for, use or avail the services available on the Application.
Your use of the Application is under a license from us. Your license to use the Application is personal, revocable, non-assignable and non-exclusive. You therefore may not use the Application for any commercial purpose.
The Customer shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
You are responsible for each mobile/tablet you use to access the Application, including maintaining properly running compatible updated software, a suitable internet connection, and an appropriate firewall and virus scanning software. The company will not be liable for your failure to update or use the Application in the appropriate manner.
6. THIRD PARTY SOFTWARE UPDATE
Our Application runs on specific versions of third party operating systems and browser software for your computer or Smart Device ("Platform Software"). When the third party provider issues an update to Platform Software, we will require additional time to provide a compatible update to the Application. If you update Platform Software prior to our making available an appropriate update to the Application, it is possible that you may no longer be able to use the Application, or the Application may not properly function.
7. CUSTOMER ACCOUNT
i) In connection with your use of the Services, you will be required to register an Account by completion of a registration form. You represent and warrant that all User Information uploaded or supplied by you in relation to your Account or any information you provide otherwise in connection with your use of the Services will be current, complete and accurate, and that you will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile.
ii)You are responsible for maintaining the confidentiality of your Account access information and password, if you are registered on the Application. You shall be responsible for all usage of your account and password, whether or not authorized by you. You shall immediately notify the Company of any actual or suspected unauthorized use of your account or password. The Company will not be liable for your losses, damage or injury caused by any unauthorized use of your account; however, you may be liable for the losses of the Company or others due to such unauthorized use.
iii)The Company shall not be responsible in any manner for the authenticity of the User Information (personal information or sensitive personal data or information) supplied by you to the Company or to any other person acting on behalf of the Company.
iv) If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to discontinue the Services to you at its sole discretion.
v) It is your responsibility to keep your correct mobile number and email ID updated in the Account. All relevant information and records will be sent to the mobile number and/or email ID associated with the Account. Every time you change any contact information (mobile or email), we will send a confirmation of this update. The Company is not responsible for any loss or inconvenience caused due to your non-updating of your contact details for the Account.
vi) If you logout of your Account, the company will retain all your User Information especially to the extent that this data is anonymously stored for purposes of evaluating aggregated non-personally identifiable data for improving inter alia market research and efficiency of services.
7.2 USE OF INFORMATION
The Company may use such information collected from the Customer from time to time for the purposes of debugging and customer support related issues.
8. TERMS APPLICABLE TO CUSTOMER'S ACCOUNT
i) Your Account is only created after you have signed up and explicitly accepted this Agreement.
ii)The Account is provided on a "best-efforts as-is basis". While the Company strives to maintain the highest levels of service availability, the Company is not liable for any interruption that may be caused to your access of the Services.
iii)The Company uses industry - level security and encryption to your Account. However, the Company cannot guarantee prevent unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual or suspected breach of account to firstname.lastname@example.org (C/o Customer Relationship Manager)
9. SERVICES ï¿½ CONDITIONS
The Company provides the services for delivery of your non-precious and un-breakable articles and disclaim any liability on account of losses or damages during transit.
10. Order Booking and Delivery Terms
a) We are not obliged to accept any orders for the Services (Order) from the Customer. The contract will only be formed at the time we accept your Order.
c) The Customer acknowledges and agrees that we may sub-contract provision of the Services to a carrier or third party storage provider.
d) Once Service is confirmed by us by way of delivering acknowledgement/receipt, the Service cannot be cancelled and the Customer shall be liable to pay the fee and charges
e) Dangerous goods shall not be accepted for Service
The acceptance of order through Application would be in the manner specified in the Application. As regard and the acceptance of order through website, telephonic bookings or website bookings, our delivery personnel will sign a document acknowledging that we have taken possession of the goods/articles for undertaking the Service. The Customer shall give accurate declaration as to the nature of goods, quantity, weight, non-precious nature of goods/articles etc. however, such declaration shall be information and shall not be the evidence of the correctness of the declared nature, quantity or weight etc. of the good/articles. Company shall not be obliged to verify the accurateness of the declaration. (Accepted Order referred to as "Accepted Order")
10.3 Commencement of Service
a) Service commences when we take possession of the goods/articles, at the collection address set out in the Accepted Order.
b) Service shall (unless otherwise previously determined) end when the good/article is delivered to the delivery address set out in the Accepted Order and signed for by the consignee except that:
. If no safe and adequate access exists at the delivery address, Service shall end at the expiry of one hour after We have given notice to You by telephone of the inaccessibility and shall be solely responsible for taking back possession of article/goods and for paying for the Services; or
. When for any other reason whatsoever the goods/articles cannot be delivered, then Services shall end at the expiry of the reasonable time as determined by Company.
a) Company shall have a general lien over the goods/articles against the Customer or the owner of the consignment (as applicable). This means that We will be entitled to retain possession over the goods/articles until all monies due from the Customer to Us are paid.
b) Where such lien is not satisfied within a reasonable time, we may, in our absolute discretion, sell the goods/articles or any part of it as agent for the Customer to recover the charges payable by Customer. We will pay the proceeds to the Customer after deducting all proper charges and expenses in relation to the Consignment and of all outstanding charges in relation to the Services and the expenses incurred by us in relation to the storage, insurance and sale of the Consignment. You acknowledge and agree that We shall have no further liability or responsibility to You whatsoever in connection with the Consignment.
10.5 Undelivered or Unclaimed Goods
a) Where We are unable for any reason to deliver a consignment to the consignee, or when in accordance with this Agreement, a Service is deemed to be at an end, We will use reasonable endeavours to give notice to the Customer that the goods/articles will be sold unless within the time specified in the notice, being a reasonable time in the circumstances, the goods/articles is collected from Company. After the expiry of the time specified in the notice, We may sell the goods/articles or any part of it.
b) Where Company sell the goods/articles as above, We will pay the proceeds to the Customer after deducting all proper charges and expenses in relation to the goods/articles and of all outstanding charges in relation to the Services and the expenses incurred by Company in relation to the storage and sale of the Consignment. You acknowledge and agree that Company shall have no further liability or responsibility to you whatsoever in connection with the goods/articles.
10.6 Our Charges and Payment
a) Our charges will be made in accordance with our current tariffs as specified in our website www.malikcourierservices.com when the contract is made or as otherwise agreed between the Customer and Company in writing. Payment of charges should be made on or before the completion of the Service. Any unpaid amount shall be subject to payment of interest @ 3% per month. All charges quoted are exclusive of Value Added Tax, service tax or any other tax which, if applicable, shall be payable by the Customer in addition. All amounts due to Company by Customer shall be paid by You in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
b) When Customer engage Company for any Services We may conduct a credit check upon Customer. If Customer request, Company may, at its discretion, set up a trading account for Customer with a credit limit, which Company may increase or decrease from time to time.
c) If Customer has a trading account with the Company then Customer must keep within its/his/her credit limit at all times. If Customer reaches the credit limit then Customer must pay the outstanding balance before receiving any further Services.
Company shall not be liable to the Customer for any loss, mis-delivery of and/or damage to the Consignment or any part of them arising out of or in connection with any reason or event whatsoever outside of our reasonable control.
All content and other materials available through the Application and Services belong to the Company. The Company authorizes the Customer to view and access the content available on or from the Application solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Application, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Application (collectively, "the Company Content"), are the property of the Company and are protected under copyright, trademark and other laws. Customer shall not modify the Company Content or reproduce, display, publicly perform, distribute, or otherwise use the Company Content in any way for any public or commercial purpose or for personal gain.
Copying of the copyrighted content published by the Company on the Application for any commercial purpose or for the purpose of earning profit will be a violation of copyright and the Company reserves its rights under applicable law accordingly.
The information in a non-personally identifiable aggregated form directly or indirectly collected from the Customer belong to the Company
11.2USER GENERATED CONTENT
1. The role of the Company in publishing any Customer generated content is that of an 'intermediary' under the Information Technology Act, 2000. The Company disclaims all responsibility with respect to the content of the Customer generated content, and its role with respect to such content is restricted to its obligations as an 'intermediary' under the said Act.
2. As mandated by Regulation 3(2) of the IG Rules, the Company hereby informs Customer that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
i) belongs to another person and to which the Customer does not have any right to;
ii)Grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii)Harm minors in any way;
iv) Infringes any patent, trademark, copyright or other proprietary rights;
v) violates any law for the time being in force;
vi) Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii) Impersonate another person;
viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
3. Customer are also prohibited from:
i) Violating or attempting to violate the integrity or security of the Application or any of the Company Content;
ii)intentionally submitting on the Application any incomplete, false or inaccurate information;
iii)using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Application;
iv) attempting to decipher, decompile, disassemble or reverse engineer any part of the Application;
v) copying or duplicating in any manner any of the Company Content or other information available from the Application; and
vi) framing or hot linking or deep linking any the Company Content.
4. The Company, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such prohibited information (as mentioned above) generated by Customer, or on being notified by the appropriate Government or its agency that the Application is being used by the Customer to commit any unlawful act and/or is being used in violation of sub-paragraphs 1-3 above, shall be entitled to remove or disable access to the material or information that is in contravention of this Paragraph. The Company is entitled to act, as required by the IG Rules, within 36 (thirty six) hours of obtaining such knowledge and, where applicable, work with Customers to disable such information that is in contravention of applicable law. The Company shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
5. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement by an Customer, the Company has the right to immediately terminate the access or usage rights of the Customer to the Application and Services and to remove non-compliant information from the Application.
6. The Company may disclose or transfer Customer-generated content to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The Company will comply with any duly-issued government or court directions to disable access to the Customer-generated content, should it be found to be illegal by a competent governmental authority.
12. THIRD PARTY WEBSITES
The Applications may be linked to the website of third parties, affiliates and business partners. the Company has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on or through third-party websites. Accordingly, the Company does not represent, warrant or endorse any third-party website, or the accuracy, currency, content, fitness, lawfulness or quality of the information material, goods or services available through third-party websites. The Company disclaims, and you agree to assume, all responsibility and liability for any damage, loss, injury or other harm, whether to you or to third parties, resulting from your use of third-party websites. You may use the links and these services at your own risk.
13.1 NO WARRANTIES
The Services provided by the Company or any of its licensors or service providers are provided on an "as is" and "as available" basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). The Company does not provide or make any representation, warranty or guarantee, express or implied about the Application or the Services. The Company does not guarantee the accuracy or completeness of any content or information provided by Customer on the Application. To the fullest extent permitted by law, the Company disclaims all liability arising out of the Customer's use or reliance upon the Application, the Services, representations and warranties made by other Customers, the content or information provided by the Customers on the Application, or any opinion or suggestion given or expressed by the Company.
13.2 YOUR RESPONSIBILITY FOR LOSS OR DAMAGE
You agree that your use of the Application and Services is at your sole risk. You will not hold the Company or its contractors, delivery personnel, as applicable, responsible for any loss, damage or injury that results from your access to or use of the Services, or use of the Application, including and without limitation to any loss, damage or injury to any of article.
13.3 LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall the Company, or any of its directors, officers, employees, agents, content or service providers (collectively, the "Protected Entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, arising from, or directly or indirectly related to the use of, or the inability to use, the Application, or the content, materials and functions related to the Services or any other legal theory, and whether or not the Company has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed. In no event shall the Protected Entities be liable for:
i) provision of or failure to provide all or any Services to Users within the provisions of the Agreement;
ii)any theft, misappropriation of articles during availment of Services;
In no event shall the total aggregate liability of the Protected Entities to an Customer for all damages, losses, injuries and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or an Customer's use of the Application or the Services exceed, in the aggregate Rs. 500 (Rupees Five Hundred)
1 You acknowledge that access to the Application will be provided over various facilities and communication lines, and information will be transmitted over local exchange and internet backbone carrier lines and through routers, switches, and other devices (collectively, "Transfer Lines") owned, maintained, and serviced by third-party carriers, utilities, and internet service providers, all of which are beyond our control. we assume no liability for or relating to the integrity, privacy, security, confidentiality, or use of any information while it is transmitted on the Transfer Lines, or any delay, failure, interruption, interception, loss, transmission, or corruption of any data or other information attributable to transmission on the Transfer Lines. Use of the Transfer Lines is solely at your risk and is subject to all applicable local, state, national, and international laws.
.2 You acknowledge that other Customers have access to and are receiving our Services. Such other Customers have committed to comply with this Agreement concerning use of the Services; however, the actions of such other Customers are beyond our control. Accordingly, we do not assume any liability for or relating to any impairment of the privacy, security, confidentiality, integrity, availability, or restricted use of any information on the system resulting from any Customers' actions or failures to act.
14. RESTRICTED ITEMS
Certain items are banned or restricted for carriage on our services because of the restrictions imposed by Regulatory Requirements of the State. Listed below are the various categories of Banned and Restricted Commodities.
1. . Alcoholic Products
2. . Tobacco Products
3. . Cash/Currency
4. . Live Animals
5. . Gold/Jewellery
6. . Semi-precious/Precious items
7. . Firearms/Ammunition
8. . Pornographic Material
9. . Drugs & Narcotics (Illegal)
10. . Human Parts/ Organs
11.. Radioactive material
12. . Hazardous/Dangerous goods which may cause harm to humans
13. . Commodities banned by law at any given time and without prior notice.
The Company reserves the right to suspend or terminate an Customer's access to the Application and the Services with or without notice and to exercise any other remedy available under law, in the following cases:
i) Customer breaches any terms and conditions of this Agreement;
ii)A third party reports violation of any of its right as a result of the Customer's use of the Services;
iii)Customer provides fraudulent, inaccurate, or incomplete information to the Application or in relation to the use of the Services;
iv) the Company is unable to verify or authenticate any information provide to the Company by an Customer;
v) the Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such Customer; or
vi) the Company believes in its sole discretion that Customer's actions may cause legal liability for the Customer, other Customers or for the Company or are contrary to the interests of the Application.
Once temporarily suspended, indefinitely suspended or terminated, the Customer may not continue to use the Application or the Services and if the Services are availed through Application, then under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such Customer shall no longer have access to data, messages, files and other material kept on the Application by such Customer.
Customer agrees to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, injuries and/or costs (including reasonable attorney fees and costs) arising from the Customer's access to or use of Services, violation of this Agreement by the Customer, or infringement of any intellectual property or other right of any person or entity by the Customer. The Company will notify the Customer promptly of any such claim, loss, liability, or demand. In addition to the User's aforementioned obligations, the User agrees to provide the Company with reasonable assistance in defending any such claim, loss, liability, damage, injury or cost at the User's expense.
17. APPLICABLE LAW AND DISPUTE SETTLEMENT
1. You agree that this Agreement and any contractual obligation between the Company and Customer will be governed by the laws of India.
2. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Application or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by the Company. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be New Delhi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
3. Subject to the above Paragraph 2, the courts at New Delhi shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Application or the Services or the information to which it gives access.
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms. However, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or a waiver by the Company of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
20. CONTACT INFORMATION GRIEVANCE OFFICER
If a Customer has any questions concerning the Company, the Application, this Agreement, the Services, or anything related to any of the foregoing, the Company customer support can be reached at the following email address email@example.com
In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Application or the Service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
A-97, Main Karawal Nagar Road Chandu Nagar Khajuoori Delhi 110094
In the event you suffer as a result of access or usage of our Application by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.
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